How To Schedule a Deposition in Osaka, Japan
August 24th, 2006
INTRODUCTION
This information sheet provides a step-by-step guide to the American Consulate General Osaka-Kobe’s procedures for the scheduling and conducting of depositions at this post. Please note that while much of the information listed below applies to depositions in Japan in general, if you schedule your deposition for a location other than the American Consulate General Osaka-Kobe, you should contact the post concerned directly for additional information. The Consulate cannot assist in scheduling depositions at other posts in Japan.
We would like to point out that in many instances, particularly when time is an important consideration, sworn affidavits (in lieu of a deposition) have proven to be expeditious and acceptable to the courts. In such cases, you should send a copy of all questions directly to the witness. S/he can prepare written replies and take an oath before a consular officer as to their veracity. The execution of such an affidavit takes only a few minutes and the charge for oath is currently only $30.00 for the first seal, and $20.00 for each additional seal provided at the same time in connection with the same transaction. This affidavit may save you and your clients considerable time and expense.
BACKGROUND
Consular officers of the United States are authorized to take depositions by the Rules of Criminal Procedure for the U.S. District Courts (18 U.S.C., Rules 15 and17), the Rules of Civil Procedure for the U.S. District Courts (28 U.S.C., Rules 28-31) and 22 U.S.C. 4215 and 4221. 22 CFR 92.56 sets forth the specific responsibilities of the consular officer in taking depositions. Authority to act in this capacity in Japan is contained in the Consular Convention between the two countries. A consular officer may take a deposition either upon Notice, or by virtue of a Commission to take testimony issued by the competent court. Article 17 of the Japan-United States Consular Convention authorizes American consular officers to take depositions in Japan, “on behalf of the court or other judicial tribunals or authorities of the sending state (United States), voluntarily given, in accordance with the laws of the sending state (U.S.) and in a manner not inconsistent with the laws of the receiving state (Japan)”.
Note that per 22 CFR 92.85, Foreign Service officers are prohibited from serving process on behalf of private litigants and from appointing others to do so unless specifically authorized by the Department of State.
SCHEDULING A DEPOSITION: STEP-BY-STEP
STEP ONE: DEPOSITION ROOMS
Telephone (please do not FAX) the Consulate at [country code] 81- [city code] 6-6315-5928 to determine what dates are available. You may call between 09:00-12:30, and 13:30-17:00 Japan time, Monday through Friday, excluding Japanese and American holidays. We cannot make reservations by telephone. The Consulate has two deposition rooms available– a “LARGE ROOM”, which can accommodate about fifteen people and a SMALL ROOM”, which can accommodate about eight people. Each room is equipped with tables and chairs, and is wired for 100V, 60HZ electricity with U.S.-standard outlets (most equipment that works in the U.S. will work with this type of power). The Consulate does not provide computers, typewriters, office supplies or the like.
STEP TWO: MAKING A RESERVATION
After checking with us by telephone as to availability, make your reservation by sending a FAX to the Consulate at 81-6-6315-5914. In your FAX, list the case name and your preferred dates. In estimating the time needed to conduct your deposition, please be aware that if the witnesses will be deposed in Japanese, the use of interpreters will approximately double the time required.
STEP THREE: THE INITIAL RESERVATION FEE
Your reservation with us is not final until we receive your initial reservation fee of $475.00. Therefore, concurrent with your sending us a FAX as noted above, please send us a certified check for $475.00, made payable to the American Consulate General Osaka-Kobe. This is our initial reservation fee. This sum is not a deposit and is non-refundable. The Consulate can accept either Federal Express or DHL shipments. Please address your envelope to Chief, American Citizen Services Unit, American Consulate General Osaka-Kobe, 11-5 Nishitenma 2-chome, Kita-ku, Osaka 530-8543.
STEP FOUR: THE COURT ORDER
As soon as possible after making your reservation, please also send us a certified copy of the court order or commission. The names of all persons to be deposed must be included in the court order/commission. As the Consulate cannot schedule a deposition until the initial reservation fee, court order/commission and deposit are received here (see below), we suggest that the court order be worded “on or about” a date for maximum flexibility. The court order/commission should be addressed to “any Consul or Vice Consul of the United States of America at Osaka-Kobe, Japan”.
In addition to sending the court order or commission, please include on a separate sheet of paper the full names of all other persons (attorneys, stenographers, videographers, etc.) who will participate in the deposition The Consulate can accept either Federal Express or DHL shipments. Please address your envelope to Chief, American Citizen Services Unit, American Consulate General Osaka-Kobe, 11-5 Nishitenma 2-chome, Kita-ku, Osaka, Japan, 530-8543.
STEP FIVE: THE DEPOSIT
With the certified copy of the court order or commission, please include a full deposit of the required consular fees. The fees should be calculated at $265.00 per day for the consular officer’s service X the number of days + $265.00 for clerical processing. The Consulate may also require an additional deposit and/or shipping fiscal data (such as a Federal Express number) if you will be processing your transcripts through the Consulate (see STEP EIGHT, below).
For example, a five day deposition requires a deposit calculated as follows:
Attorneys need a special visa issued by the Japanese Government to conduct depositions in Japan. Before the Japanese authorities will instruct one of their Consulates abroad to issue these required visas, they will confirm that we are ready to proceed with the deposition. The Consulate will only be able to so notify the Japanese authorities when all of the requirements stated above have been met.
It is important to remember that this visa is issued by the Japanese Government, and not by the American Government. Attorneys should contact the nearest Japanese Consulate for complete details on applying for their visas, including a list of required documents. The Japanese authorities should be able to estimate the amount of time visa processing will require.
Special visas may also be required of deposition participants other than attorneys, such as stenographers and videographers. Contact the nearest Japanese Consulate for details.
STEP SEVEN: PLANNING FOR THE DEPOSITION
Since the Consulate does not provide interpreters, stenographers or the like, attorneys must arrange directly with such persons for their services and payment of their fees. While financial arrangements are the responsibility of the contracting parties, you may anticipate that interpretation fees will range from \30,000 to \50,000 per day. Stenographic services run roughly \25,000 to \35,000 per day plus transcription fees of\700 to \500 per page. Actual prices may vary; for cost quotations, please check with the service provider.
While the Consulate cannot make specific recommendations for service providers, we are attaching as a convenience a list of some local sources you may wish to contact.
Also, please note: The Consulate cannot schedule witnesses on your behalf.
* Consulate facilities and staff are not available for deposition-taking on Japanese and American holidays, weekends, during lunch hour, or after closing time. You should plan to use our facilities between 09:00 to 12:30 and 13:30 to 17:00.
* All witnesses, stenographers, interpreters, videographers and anyone else who is to be sworn in must present picture identification, such as a passport or driver’s license. Witnesses should also bring their business cards to show their relationship to the firm or organization on whose behalf they are testifying. Attorneys and all staff traveling from outside of Japan (such as stenographers) must bring their passports to the Consulate. We must verify that all parties have the proper visa before your deposition can commence.
STEP EIGHT: THE TRANSCRIPTS
After your deposition has concluded, there are two ways the transcripts may be processed:
METHOD ONE
The simplest method of concluding a deposition is to have the transcripts prepared and distributed among the interested parties by your stenographer/court reporter, without further involvement by the Consulate. This procedure is the easiest and lowest cost option, and the method by which the transcripts can be returned to you in the shortest amount of time. A brief signed statement by all concerned parties agreeing to this method is all that is required by the Consulate.METHOD TWO
After the deposing of the witnesses is completed, the stenographer transcribes the testimony and forwards the original transcript to the Consulate General. Sending additional copies of the transcript to the witnesses as well is advisable since the witnesses can review the copy of the transcript in advance and prepare an errata sheet as necessary, or make any necessary corrections on the copy and use it to make changes on the original transcript retained in our office. After the witnesses make any necessary corrections on the original transcript, they will then sign the transcript in the presence of a consular officer. Once all witnesses have signed their transcripts, a consular certification is prepared and the deposition, along with any exhibits, is sent to the Clerk of the Court that requested the deposition. By stipulation/written agreement, the materials can also be sent to the attorneys’ offices.This method is the most time consuming. Since we cannot forward the final transcripts to you until all witnesses have signed, delays in receiving your documents can occur if a witness or witnesses are unable to return to our offices. While we will make every effort to process your transcripts in a timely fashion, please be advised that our other statutory functions, as well as emergency services, may delay processing. In addition, aswe must wait until the final shipping of your documents before preparing a final accounting, billing will also be significantly delayed. This may result in delays in your processing a case to conclusion within your own offices. Finally, due to storage space limitations at the Consulate, unfinished transcripts will be returned to you at your own expense after eight weeks.
CONCLUSIONThe information presented above is designed to assist you in efficiently conducting and concluding a deposition at the American Consulate General Osaka-Kobe. Should you have any questions, please contact the American Citizen Services section at 81-6-6315-5928 or FAX us at 81-6-6315-5914. Since the Consulate will make every effort to respond to your inquiries within five working days, we ask that you not send follow- up requests to us unless you do not receive a response within that time frame. In addition, please do not send mail follow-up “confirmation” copies to FAX messages unless specifically requested by us to do so. Your cooperation assures the best possible service.
Checklist
As you prepare for your deposition, you may find the following checklist useful.
_______ STEP ONE: DEPOSITION ROOMS
Telephone the Consulate at 81-6-6315-5928 to determine what dates are available._________ STEP TWO: MAKING A RESERVATION
Make your reservation by sending a FAX to the Consulate at
81-6-6315-5914. In your FAX, list the case name and your preferred dates and room size._______ STEP THREE: THE INITIAL RESERVATION FEE
Concurrent with sending the above mentioned FAX, send a certified check for $475.00, made payable to the American Consulate General Osaka-Kobe.________ STEP FOUR: THE COURT ORDER
Send a certified copy of the court order or commission, including the names of all persons to be deposed. On a separate sheet of list the names of all other persons who will participate in the deposition.________ STEP FIVE: THE DEPOSIT
Send a deposit of the required consular fees, calculated at $265.00 per day X the number of days + $265.00 for clerical processing.________ STEP SIX: JAPANESE VISAS
Contact the nearest Japanese Consulate for details on visas for attorneys, stenographers, videographers, etc.________ STEP SEVEN: PLANNING FOR THE DEPOSITION
Arrange for interpreters, stenographers and the like. Schedule witnesses.________ STEP EIGHT: THE TRANSCRIPTS
Plan for the disposition of your transcripts.
Should you have any questions, please telephone 81-6-6315-5928 or FAX us at 81-6-6315-5914. The Consulate can accept either Federal Express or DHL shipments. Please address your envelope to Chief, American Citizen Services Unit, American Consulate General Osaka-Kobe, 11-5 Nishitenma 2-chome, Kita-ku, Osaka, Japan, 530-8543.
To schedule a court reporter in Osaka Japan, please follow the “Schedule a Deposition” link to the right, or call us at 800-830-8885.